J  dm  , 


Duke  University  Libraries 

A  bill  to  be  en 
Conf  Pam  #248 


[IIOUSB  OP  RlI»RESENTXT17B9,  No.  282.] 

HOUSE  OF  REPRESENTATIVES,  Dec.  13th,  1864.— Read 
first  and  second  times,  referred  to  Committee  on  Postofficos  and 
Post  Roads.  January  25,  1865. — Made  special  order  for  Saturday, 
morning  hoir,  and  ordered  to  be  printed. 

[By  Mr.  Sexton. 


A    BILL 

To  be  entitled  An  Act   for  the  prevention  of  frauds  on  the  reve- 
nues  of  the  Postoffice  l>epartment,  and  prohibiting  the 
transportation  of  mailable  matter  over  the  post 
routes  of  the   (confederate  States   by 
unauthorized   association?   of 
persons. 

1  The   Congress  of  tJit    Confederate   Stats  of  America  do  enact, 

2  That  it  shall  not  be  InuTiil  for    aiiy  ])orson  or  persons,  express 

3  or  otlier  company,  or  associations  .to  oslnblish  any  private  cx- 

4  press  or  expresses  for  the  conveyance,    iior  in  any  manner  to 

5  cause  to  be  convcjod.  or  i>rovidc  for  the  couvoyarce  or  trans- 

6  portation  by  regular  trips,  or  at  stated  periods,  or  at  intervals. 

7  from  one  city,  town  or  other  jilace,  to  any  other  city,  town  or 

8  other  place,  in  the  Confederate  Sta'es,  between  and  from  and 

9  to  which  cities,  towns  or  other  places  the  Confederate  States 
10  mail  is  regularly  transported  under  the  authority  of  the  Post- 
11     office  Department,   of  any  letters,  packets,  or  packages  of  let- 

12  ters,  newspapers,  pamphlets,  magazines  and  periodicals,  or  otlier 

13  matter  properly  transmittable  in  the  Confederate  States  mail : 


14  and  each  ami  every  person   offending  against  thh  provision,  or 

15  aiding  and  assisting  therein,  or  acting  as  such  private  express, 

16  for  each  time  any  letter   or  letters,  packet  or  packages,  news- 

17  paper,  pamphlet,  magazine,  periodical  or  other  matter  properly 

18  transmittr.ble  by  mail,  shall,  or  may  be,  by  him,  her  or  them,  or 

19  through  his,  her  or  their  means  or  intrumentality,  in  whole  or  in 

20  part,  conveyed  or  transported,  contrary  to  the  true  intent,  spirit 

21  and  meaning  of  this  section,   upon  conviction,  shall  be  subject 

22  to  a  fine  of  not  less  than   one   hundred   dollars  nor  more  than 

23  five  hundred  dollars,   and  be   imprironod  for  a  period  of  not 

24  less  than  three  months,  nor  more  than  twelve  months. 

1  Sec.  2.     Be  it  further   fnacted,  That  the  owner   or  owners  of 

2  every  stage-coach,  railroad  car,  or  other  vehicle  or  vessel, 
S  which  shall,  with  the  knowledge    of  any   owner   or  owners,  in 

4  whole  or  in  part,  or  with  the  knowledge   or  connivance  of  the 

5  driver,  conductor,  captain  or  other   persons   having  charge  of 

6  any  such  stage-coach,  railroad  car,  steamboat  or  other  vessel  or 
T  vehicle,  convey  or  transport  any  person  or  persons  acting  or  em- 
8  ployed  as  a  private  express  for  the  conveyance  of  letters,  pac- 

9  kets  or  packages  of  letters  or  other  mailable  matter,  and  actual- 

10  ly  in  possession  of  such  mailable  matter  for  the  purpose  of  trans- 
it portatioi  contrary  to  the  spirit,  true  intent  and  meaning  of  the 

12  preceding  section  of  this  Act,  shall  be  subject  to  the  penalties 

13  herein  provided  and  directed  in  the  case  of  persons  acting  as 


14  such  private  expresses,  and  of  persons  employing  the  game  ;  but 

15  nothing  in  this  Act  contained  shall  be  construed  to  prohibit  the 

16  conveyance   of  letters,   packets  or  packages,  or  other  mailable 

17  matter  to  any  part  of  the  Confederate  States,  by  private  hands, 

18  no  compensation  being  tendered  or  received   therefor  in  any 

19  way,  or  by  a  special  messenger  employed  only  for  the  single 

20  .particular  occasion  :  Provided  further ^  That  nothing  in  this  Act 

21  contained  shall  have  the  eflfect  to  repeal  any  of  the  provisions 

22  of  the  thirteenth  section  of  "  An  Act  entitled  An  Act  to  reduce 

23  '  the  rates  of  postage,  to  limit  the  use  and  correct  the  abuse  of  the 

24  franking  privilege,  and  for  the  prevention  of  frauds  on  the  rev- 

25  enuesof  the  Postoffice  Department,"  approved,  March  3d,  1845 
2G    except  such  as  exempts  newspapers,  pamphlets,  magazines  and 

27  periodicals  from  the  charge  of  the   rates  of  postage  prescribed 

28  by  law;  or  of  the  second  section  of  An  Act  entitled  "  An  Act 

29  to  establish  the  rates  of  postage  on  newspapers  and  periodicals 

30  sent  to  dealers  therein   through  the  mail,  or  by   express  over 

31  postroads,"  approved,  August  31st,  1861. 

1  Sec.  3.    Jind  he  it  further  enacted,  That  all  persons  whatever 

2  who  shall,  after  the  passage  of  this  Act,  transmit  by  any  private 

3  express  or  other  means,  by  this  Act  declared  to  be  unlawful 

4  any  letter  or  letters,  package   or  packages,  or  other  mailable 

5  matter,  or  who  shall  place   or  cause  to  be  deposited  at  any 

6  place  for  the  purpose  of  being  transported  by  such  unlawful 


4 

7  means,  any  matter  or   thing  properly  transmittable  by  mail ;  or 

8  who  shall  deliver  any  such  matter  for  transmission  to  any  agent 

9  or  agents  of  such  unlawful  expresses,  upon  conviction,  shall,  for 

10  each  and  every  offence,  be  subject  to  the  same  penalties  provided 

11  for  offenders  against  the  provisions  of  ttie    first  section  of  this 

12  Act. 

1  Sec.  4.     And  he  it  further  enacted,  That    "  mailable  matter  " 

2  and  "  matter  properly  transmittable  by  mail,"  shall  be  deemed 

3  and  taken  to  mean  all  letters  and  sealed  or  unsealed  packets  or 

4  packages  containing  written  or  printed  matter,  or  bank  notes, 

5  or  treasury  notes,  or  bonds  with  written  or  printed  letters  ac- 

6  companying  them,   all   newspapers,   magazines  and  pamphlets, 

7  periodically  published,  or  which    may  be  published  in  regular 

8  series  or  in  successive  numbers  under  the  same  title,  though  at 

9  irregular  iritcjvals;    maps,  engravings,  lithographs  or   photo- 

10  graphic  prints,  on  rollers  or  in  paper  covers;  bcoks,  bound  or  un- 

11  bound;  phonog'raphic  paper,  letter  envelopes,  cards,  blank  or 

12  printed,  and  all  other  written  or  printed  matter. 

1  Sec  5.     And  he  it  further  enacted,  That   nothing  in  this  Act 

2  contained  shall  be  so  construed  as  to  prohibit  any  person  what- 

3  ever  from  trarsporting  or  causing  to  be  transported,  over  any 

4  post  route,  any  books,  bound  or  unbound   intended  for  sale  as 

5  merchandise  and  transported  in  the  usual  mode  of  transporting 

6  merchandise  over  the  particular  route  used,  and  sent  or  consign- 


5 

7  ed  to  some  bona  fide  dealer  or  agent  for  the  sale  thereof;  nor 

6  shall  anything  herein  be  construed  to  prohibit  the  transporta- 

9  tion  bjr  express  or  other  companies,  associations,  person  or  per- * 

10  sons,  of  packets  or  packages,  of  bank  notes  or  treasury  notes 

11  or  bonds  or  books  without  written  letters  accompanying  them : 

12  Provided,  That  upon  the  trial  of  any  indictment  against  any  ex- 

13  press  or  other  company,  association,  person  or  persons  for  riolat- 

14  ing  any  of  the  provisions  of  this  law,  the  receipt  by  them  for 

15  transmission,  or  the  transmission  of  any  letter,  packet  or  pack- 

16  age  by  such  express  or  other  company,  association,  person  or 

17  persons  or  through  their  means  or  instrumentality,  in  whole  or 

18  in  part,  shall   be  deemed    and   taken  as  sufficient   evidence  of 

19  their  knowledge  of  the  contents  of  the  letter,  packet   or  pack- 

20  age  so  transported  or  deposited  at  any  place  for  the  purpose  of 

21  being  unlawfully  transported,  and  shall  not  be  rebutted  by  evi- 

22  dence  of  the  fact  that  such  letter,  packet  or  package  was  sealed 

23  when  deposited  with  them  for   transportation  or   when  trans- 

24  ported  by  them. 

1  Sec.  6.     And  be  it  further  enacted,   That  all  oflfenders  against 

2  this  Act  may  bo  prosecuted  before  any  Circuit  or  District  Court 

3  of  the  Confederate  States,  and  that  it  shall    be  the  duty  of  the 

4  judges  of  said  courts  respectively,  to  give  this  Act  in  charge  to 

5  the  Grand  Juries  at  each  term  of  said  courts,  and  that  all  pecu- 
G  niary  penalties  incurred  under  this  Act,  shall  be  one-half  for  the 


6 

7  use  of  the  person  or  persons  informing  and  prosecuting  for  the 

8  same,  and  the  other  half  to  the  use  of  the  Confederate  States, 

9  and  shall  be  paid  orer  to  the  Postmaster  General,  and  accounted 
10    for  bj  him  as  other  moneys  of  the  department. 


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